851-860 of 1009 results
Big Data v 'personal advice' - an unequal contest?
There is a contest underway between two heavyweights In one corner of the ring we have Big Data In the other corner we have the definition of personal advice in section 766B3 of the Corporations Act ...
Risk management - what, if anything, does the 'three lines of defence' model do?
From 1 January 2015 a new common risk management prudential standard will apply to banks general insurers and life companies and in many cases to other companies in the corporate groups in which those institutions sit Michael Mathieson looks at the three lines of defence model that APRA proposes to ...
Should APRA's prudential standard-making powers extend to directors' duties?
In recent times APRA has been active in prescribing duties for directors of the institutions it regulates In light of what has happened it is worth asking should the question of directors duties be excluded from APRAs prudential standard-making powers ...
Directors' duties and the interests of 'APRA beneficiaries'
The interim report of the Financial System Inquiry FSI asks whether directors in different parts of the financial system should have different duties ...
ASIC's enforcement decisions - is litigation the most effective deterrent?
We have previously reported on ASICs submission to the Financial System Inquiry FSI and in particular its assertion that it needs a broader range of more onerous financial penalties in order to punish and deter corporate wrongdoing ASIC made similar submissions to the recent inquiry by the Senate ...
Strangers no more - Taking action against an insolvent defendant's insurer
The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...
Would you like best interests with that? Conflicted remuneration, American style
Last month we were fortunate enough to host Barney Frank co-architect of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 to discuss financial regulation reform Coincidentally a couple of weeks later we were treated to a presentation on US financial regulation reforms by a US ...
Dodd Frank - promoting financial stability and other purposes
The Dodd Frank Act is a bit like the US financial system it is trying to regulate - vast complex and hard to wade through It creates a bunch of new regulators on top of what was already a pretty solid cast and gives them wide-ranging powers They can not only set capital and liquidity requirements ...
Crowd-sourced equity funding
The Government has finally begun the process of implementing its policy on crowd-sourced equity funding CSEF by introducing a Bill and releasing draft exposure regulations late last year which envisage the establishment of a CSEF regime in Australia The Bill has been referred to the Senate Economics ...
Welcome changes to the derivative charging rules for superannuation trustees
The Government has recently made changes to superannuation law that helps clear the way for trustees of regulated superannuation funds to charge fund assets in order to enter into a broad range of exchange-traded and Over-The-Counter derivative transactions The changes are intended to make it easier ...